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  • New Statement of Changes to the Immigration Rules HC667 

    Posted on 7th November 2016 by admintremont

    On the 3rd November 2016, the New Statement of Changes to the Immigration Rules HC667 were laid out.

    Although the document looks quite big, there aren’t as many extensive changes as appears.


    Changes to Tier 2 Visas:


    (to come into effect on or after the 24th November 2016 – to all new certificates of sponsorship assigned)

    • Tier 2 (general) Salary threshold for experienced workers is increased, as well as the Tier 2 (Intra-Company Transfer) salary threshold for short term staff;
    • Tier 2 (Intra-company) graduate trainee salary Threshold reduced, but increased the number of places to 20 per company per year.
    • Tier 2 (Intra-company Transfer skills sub-category has been closed.


    Changes to Tier 4 Visas:


    • Minor adjustments such as qualifications needed etc.

    English Language requirement:


    • From 1st May 2017, partners and parents who are applying for extension of their visa after 2.5 years in the UK on a 5-year route to settlement under the FM (Family member) application will have to be able to pass the English Language requirement at level A2 of the Common European Framework of Reference for Languages.


    The major change


    The biggest change is the abolition of the 28 days’ period for overstay. A new paragraph 39(e) explains this by stating that if the application is made within 14 days of the overstay, and the SSHD believe there is good enough reason for this, or the application previous was made in the relevant time period and the appeal is in 14 days of;

    1. The refusal of the previous application for leave;
    2. The expiry of any leave extended by 3(c) of the Immigration Act 1971;
    • The expiry of the time-limit for making an in time application
    1. An administrative review or appeal lapsing, being concluded, or withdrawn/abandoned.

    We are yet to see what the “good reason” is, however we are awaiting further guidelines as to how the Home Office will explain this.